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of Human Rights
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Questions
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Answers
What is the European Court of Human Rights?
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"" freedom of expression;
What does the European Court of Human Rights "" freedom of thought, conscience and religion;
do? "" the right to an effective remedy;
"" the right to the peaceful enjoyment of possessions; and
"" the right to vote and to stand for election.
The Court applies the European Convention on Human Rights. Its
task is to ensure that States respect the rights and guarantees set
out in the Convention. It does this by examining complaints (known What do the Convention and its Protocols
as “applications”) lodged by individuals or, sometimes, by States. prohibit?
Where it concludes that a member State has breached one or more The following, in particular, are prohibited:
of these rights and guarantees, the Court delivers a judgment finding
a violation. Judgments are binding: the countries concerned are "" torture and inhuman or degrading treatment or punishment;
under an obligation to comply with them. "" arbitrary and unlawful detention;
"" discrimination in the enjoyment of the rights and freedoms
set out in the Convention;
When can I apply to the European Court of "" expulsion or denial of entry by a State in respect of its own
nationals;
Human Rights?
"" the death penalty; and
"" the collective expulsion of aliens.
You may lodge an application with the Court if you consider that
you have personally and directly been the victim of a violation of the
rights and guarantees set out in the Convention or its Protocols. The
alleged violation must have been committed by one of the States What conditions do I have to satisfy to lodge an
bound by the Convention. application?
What rights are protected by the Convention and What are the conditions relating to me
its Protocols? personally?
The following rights, in particular, are protected: "" You do not need to be a national of one of the States bound
by the Convention. The violation you are complaining of must
"" the right to life; simply have been committed by one of those States against
"" the right to a fair hearing in civil and criminal matters; a person within its “jurisdiction”, which usually means on its
"" the right to respect for private and family life; territory.
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"" You can be a private individual or a legal entity such as a "" The act or omission complained of must be attributed to
company or association. one or more public authorities in the State(s) concerned (for
"" You must have directly and personally been the victim of the example, a court or an administrative authority).
violation you are alleging. You cannot make a general complaint "" The Court cannot deal with complaints against individuals or
about a law or a measure, for example because it seems unfair; private institutions, such as commercial companies.
nor can you complain on behalf of other people (unless they
are clearly identified and you are their official representative). What can my application be about?
"" Your application must relate to one of the rights set out
Are there any procedures that must be followed
in the European Convention on Human Rights. Alleged
beforehand in the national courts?
violations may cover a wide range of issues, such as: torture
"" Yes. You must have used all the remedies in the State concerned and ill-treatment of prisoners; lawfulness of detention;
that could provide redress for the situation you are complaining shortcomings in civil hearings or criminal trials; discrimination
about (usually this will mean an application to the appropriate in the exercise of a Convention right; parental rights; respect
court, followed by an appeal, where applicable, and even a for private life, family life, the home and correspondence;
further appeal to a higher court such as the supreme court or restrictions on expressing an opinion or on imparting or
constitutional court, if there is one). receiving information; freedom to take part in an assembly
"" It is not enough merely to make use of these remedies. In so or demonstration; expulsion and extradition; confiscation of
doing, you must also have actually raised your complaints (the property; and expropriation.
substance of the Convention violations you are alleging). "" You cannot complain of a violation of any legal instrument
"" You have only six months from the date of the final decision at other than the European Convention on Human Rights, such
domestic level (generally speaking, the judgment of the highest as the Universal Declaration of Human Rights or the Charter
court) to lodge an application. After that period your application of Fundamental Rights.
cannot be accepted by the Court.
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quickly as possible. The form must include:
How should I apply to the Court if I consider • a brief summary of the facts and your complaints;
myself to be the victim of a violation of the • an indication of the Convention rights you think have been
Convention? violated;
• the remedies you have already used;
By sending a completed and signed application form2 to the Court. • copies of the decisions given in your case by all the public
The form, together with any relevant accompanying documents, authorities concerned (these documents will not be returned
must be sent by post to the following address: to you, so only copies should be sent); and
• your signature as the applicant, and also your representative’s
signature (if you have one).
The Registrar "" If you do not wish your identity to be disclosed, you must
European Court of Human Rights inform the Court immediately, giving reasons. The President
Council of Europe will determine whether your request is justified.
F-67075 Strasbourg cedex "" At this stage of the proceedings you do not have to be
represented by a lawyer. If, however, you wish to apply to
"" You may write in one of the Court’s official languages (English the Court through a representative, you must complete the
and French) or in an official language of one of the States that appropriate part of the application form.
have ratified the Convention.
"" No purpose is served by sending the application form by fax What are the main features of the proceedings?
since this will not interrupt the running of the period laid down "" Proceedings are conducted in writing. You will be informed in
in the Convention for applying to the Court. Only the original writing of any decision taken by the Court. Public hearings are
application form sent by post will be considered by the Court. exceptional.
"" Do not come to Strasbourg in person to state your case orally. "" Your case will be dealt with free of charge.
Your case will not be examined any quicker and you will not
"" Although you do not need to be represented by a lawyer in the
receive legal advice.
first stages of the proceedings, you will need a lawyer once your
"" The Registry may ask you for additional documents, information application has been notified to the Government. The great
or explanations relating to your complaints. majority of applications are, however, declared inadmissible
"" You should download the application form from the Court’s website, without being notified to the Government.
fill it in carefully and legibly, sign it and return it to the Court as
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"" You will only have to bear your own costs (such as lawyers’ fees
or expenses relating to research and correspondence).
"" After your application has been lodged, you may apply for legal
What can I hope to obtain?
aid. Legal aid is not granted automatically, and awards are not
made immediately but only at a later stage of the proceedings.
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What is the European Court of Human Rights
not able to do for me?
"" The Court does not act as a court of appeal in relation to national
courts; it does not rehear cases, it cannot quash, vary or revise
their decisions.
"" The Court will not intercede directly on your behalf with
the authority you are complaining about. In exceptional
circumstances the Court may, however, grant interim measures.
As a matter of practice it only does so where there is a serious
risk of physical harm to the applicant.
"" The Court will not help you find or pay a lawyer to draw up your
application.
"" The Court cannot give you any information on legal provisions
in force in the State against which your complaints are directed.
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Questions
&
Answers
Council of Europe
F-67075 Strasbourg cedex
w w w.echr.coe.int
ENG